Res 053-89 4/18/1989RESOLUTION NO. 62)-
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT ON BEHALF OF THE
CITY OF WICHITA FALLS, TRUSTEE, WITH FIRST
STEP, INC.
WHEREAS, the City of Wichita Falls received a deed to the
property at 203 Eastside Drive in May, 1988, on behalf of itself
and the other taxing entities named in Cause No. 35,555 -A for
delinquent taxes; and,
WHEREAS, this property was advertised for sale by sealed
bids in February, 1989; however, no acceptable bids were
received; and,
WHEREAS, First Step, Incorporated has requested to lease
this property to be used in their program to aid battered
families in the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the
attached lease agreement on behalf of the City of Wichita Falls
and for the Wichita Falls Independent School District, Wichita
County, and the Wichita Falls Junior College District, if and
when so authorized by said entities, with First Step, Inc.,
whereby the property at 203 Eastside Drive (Lot 13, less West 5
feet, Block 108, Original Townsite), Wichita Falls, will be used
in conjunction with First Step's program to aid battered
families.
PASSED AND APPROVED this the 18th day of April, 1989.
�•� ..
ATTEST:
mac—
City Clerk
STATE OF TEXAS H
COUNTY OF WICHITA H
LEASE AGREEIENT
This lease agreement, made and entered into this the
day of
, 1989, by and between the City of Wichita
Falls, Trustee for the use and benefit of itself and as successor
to the Wichita County Water Control and Improvement District No.
1, and the Wichita Falls Independent School District, the Wichita
Falls Junior College District and the County of Wichita,
hereinafter called Lessor, and First Step, Inc., hereinafter
called Lessee,
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. Lessor hereby leases to Lessee the following described
property situated in Wichita Falls, Wichita County, Texas, to-
wit:
All of Lot 13, less the West five feet, Block
108, Original Townsite, also known as 203
Eastside Drive.
2. The term of this lease shall be for a period of five
years, beginning May 1, 1989, and ending April 30, 1994. Lessee
has an option to renew this lease for an additional period of
five years; Lessee may exercise such option by giving Lessor
notice in writing of its intention to exercise same not less than
sixty (60) days prior to the expiration of the primary term of
this lease.
3. Lessee shall pay a rental fee of Ten Dollars ($10.00)
per year, which shall be payable annually in advance to the
Finance Department of the City of Wichita Falls.
4. Lessee will be fully responsible for all maintenance of
the structure and grounds, as well as interior and exterior
repairs to the structure. Before the Lessee makes any
improvements and repairs to the structure, it shall review such
improvements and repairs with the Lessor's City Manager or his
authorized representative and obtain approval for them.
5. Lessee agrees to protect, indemnify and hold the City
of Wichita Falls, Wichita Falls Independent School District,
Wichita Falls Junior College District and Wichita County free and
harmless from and against any and all claims, demands and causes
of every kind and character (including the amounts of judgments,
penalties, interest, court costs and legal fees incurred by
Lessee in defense of same) arising in favor of any party on
account of claims, personal injuries, death, or damages to
property, and without limitation by enumeration and other claims
or demands of every character occurring or in anywise incidental
to, in connection with, or arising out of the premises hereunder.
6. Lessee shall be responsible for securing a property
damage insurance policy in an amount sufficient to cover at least
the current tax appraised value of the leased premises, and shall
agree to provide the City Manager's Office with a certificate of
said policy on or before May 1 annually.
7. Lessee shall be responsible for paying all utilities
and janitorial services for the structure and grounds, as well as
any ad valorem taxes which may be assessed against the property
during the term of this lease.
8. In the event that Community Development Block Grant
funds are expended to make improvements to this property, all
such improvements must stay with the property at the termination
of this lease, reasonable wear and tear excepted.
9. Under the terms of this lease, it is agreed that the
premises are to be used solely for the programs sponsored by
Lessee. In the event that the premises can no longer be used for
this purpose, this lease will automatically expire. Lessee shall
also have the right to terminate the lease at any time by giving
Lessor sixty (60) days' notice in writing.
10. Lessee agrees not to request any funds for the
operation of its facilities or programs from the Lessor.
IN WITNESS WHEREOF, the parties hereby have caused these
presents to be executed as of the date written above.
By:
ATTEST:
City Clerk
City of Wichita Falls, Texas,
Trustee for itself and Wichita
Falls Independent School District,
Wichita Falls Junior College
District and Wichita County, Texas
James Berzina, City Manager
First Step, Incorporated
By:
President of its Board of
Directors
ATTEST:
Secretary